DWI in Chesterfield

[dandme]

What is the name of your state (only U.S. law)? VA

I was arrested on 5/9 for a DWI in Chesterfield County - my first offense. At the scene, I blew a .15. After I got back to the station and had to sit for 20 minutes I blew a .13 which is what was ultimately recorded.

I have spoken to 2 attorneys since then and everything was very routine and there isn't anything for me to challenge. I have a clean driving record - my last ticket was in 2004 for speeding. My question is this - would it be in my best interest to still retain an attorney given the facts? I'm told that I will most likely get my license suspended for a year (mandatory), a fine, and 6 months suspended jail time. Obviously, my biggest fear is the jail time but am told is unlikely, but not impossible, for first time offenders.What is the name of your state (only U.S. law)?

[FlyingRon]

Were you charged with anything else?

You'll also have to go through the VASAP courses. The fines and the costs for all this are nothing to sneeze at either.

[dandme]

No, i wasn't charged with anything else...

Your post made me think of another question, though. With VASAP, I thought I heard that you can enroll in that prior to going to court but in my research online it looks like it has to be court ordered. Can you shed any light on that?

[FlyingRon]

I believe you must get the court order for the required alcohol classes. There is some confusion because the various VASAP providers also provide other services, some of which are (or at least can be) done before trial.

[Taper420]

I was charged with a DUI while in Pennsylvania but was allowed to take the ASAP courses in VA since I live here. If you are taking the standard first offender course, it will cost $400. It is a 10 week program and you will meet once a week for 2 hours. It is my understanding that you do not need to be court ordered to enroll. I called my local ASAP office (Frederick County/Winchester/Old Dominion) and asked about how to enroll. I went in for an "interview" and was enrolled in the next upcoming class. There are also Saturday classes that meet 5 weeks for 4 hours a time for people who work midnight shifts. The classes are generally in the evening. You will also most likely be required to attend a pre-determined amount of AA meetings as part of the program.

Here is a link to the Chesterfield ASAP: [url=http://www.vasap.state.va.us/asap/asap_johntyler.htm]VASAP- Locate an ASAP[/url] as well as a list of services they provide. Give them a call and get enrolled... 10 weeks is a long time.

Good luck!

[dandme]

I will definitely check into that... Thanks so much to both of you for responding! I don't think i've ever been through anything so stressful in all my life....

[dandme]

I called my local VASAP today and I can enroll early. She just made a point to say it's non-refundable in case I don't get convicted. I will definitely be making a trip out there this week.

Also, back to my original question, can anyone offer any advice about retaining an attorney? I wasn't charged with anything else and everything is just as I described in the original post. It was a pretty cut and dry situation..

Thanks in advance!

[jordanmc42]

KEEP YOUR LAWYER!!! nothing good will come out of not having him there. With above a .10 you will receive a mandatory 5 or 10 days in Jail, which will likely mean 5 weekends worth of Jailtime, I had blown a .18 my first DUI, I know that sounds horrible .18 and first DUI, but that is what I had to do and from my experiences talking with people, they had to do the same thing. VASAP is $275 non-refundable, but is something you have to do, I am actually in it again for my second DUI i recieved in North Carolina where I blew a .08. DO NOT TAKE THIS LIGHTLY AT ALL. Also, make sure not to procrastinate on anything and it all will be over a lot quicker and smoother. Might force a vehicle breathalyser because of some new laws, so make sure you keep your lawyer, Good luck!!!

[dandme]

I realize jail time is a possibility with any DWI, but isn't .15 to .20 a mandatory 5 day sentence and above a .20 10 days? Or has that changed?

[dandme]

Just an update for anyone who may find themselves in a similar situation...

I had my hearing yesterday and I ended up going without an attorney. I received a $250 fine and a 12 month suspended sentence. I was granted a restricted license and I was also ordered to enroll in ASAP which I had already done.

I definitely recommend at least speaking to a couple different attorneys to know what's best for your situation and I think being proactive about ASAP, etc certainly helped me in this situation.

Thanks again to everyone who responded to my original post and those I spoke with on PM - it helped me to prepare for what was coming and after going through this whole ordeal i can safely say my lesson has been learned and it's a mistake that won't be repeated!